STRUCTURE OF A CALIFORNIA CRIMINAL TRIAL
Feb 18, 2011
You show up first thing in the master calendar court.
You wait for an open trial courtroom.
Then you get sent out.
The attorneys have a conference with the trial judge. The discussion will include p...
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California's Law on Searches by Merchants For Suspected Theft
Feb 18, 2011
THE DETENTION MUST BE REASONABLE A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to...
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The factors for a lawful DUI check point in California based on Ingersoll v. Palmer
Feb 18, 2011
Here is list of the Ingersoll factors that a court will use in evaluating a DUI check point:
Decision Making at the Supervisory Level
Limits of Discretion of Field Officers
Maintenance of Safety ...
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When Does a Defendant’s U.S. 6th Amendment Speedy Trial Right Attach in a California Case?
Feb 17, 2011
Only an "accused" has a Sixth Amendment speedy trial right. Under U.S. v Marion, the U.S. Supreme Court has defined an "accused" as one who is subject to "formal indictment or information or else the a...
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Do I have to appear for a California Misdemeanor or can my attorney go for me?
Feb 16, 2011
Under California Penal Code Section 977a, an attorney can appear for a defendant on most misdemeanor charges. There are two exceptions. The first exception involves charges of domestic violence where t...
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What are the options to get someone released after an arrest?
Feb 16, 2011
Posting Cash Bail Posting cash bail means an individual must give the court the full amount of the bail in cash. The court holds the cash to provide an incentive for the defendant to appear in court....
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An Overview of California's Infractions, Misdemeanors, Felonies, and Strikes
Feb 16, 2011
Introduction
What am I charged with? That is the first question any individual would ask who enters the criminal justice system. This article gives an overview of California's Penal Code structure as i...
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Hiring a Private Attorney or Going with The Public Defender (PD)?
Jan 28, 2011
In these tough economic times, Ive had a number of people coming through my practice who are short on money and long on problems. One of the things we discuss is whether the Public Defender is the corr...
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3 Costly Mistakes to Avoid When Hiring a Criminal Defense Attorney
Nov 05, 2010
Mistake #1: Hiring a cheap attorney. Sometimes it's wise to look for a cheap price. But NOT when you hire a criminal defense attorney. Hiring a cheap lawyer is a one-way ticket to jail. Mistake #2: H...
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